9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2021 (4) TMI 790 - HC - GSTMaintainability of appeal - appeal dismissed on the ground that the petitioner failed to file certified copy of the order passed by the adjudicating authority - HELD THAT - When the Superintendent has proceeded on the basis that the petitioner had failed to reply to his show-cause notice when the petitioner had actually filed the reply, let the Superintendent pass a fresh order after considering the reply of the petitioner. For such purpose, the order passed by the Superintendent dated 4th October, 2019 and the appellate order dated 01.02.2021 are set aside. The proceedings are placed back before the Superintendent for fresh consideration and disposed of in accordance with law. The amount of pre-deposit which the petitioner has made in order to pursue the appeal shall be subject to further order that the Superintendent may pass of course subject to further right of appeal of the petitioner. Petition disposed off.
Issues:
1. Discrepancies in GST declarations for financial years 2017-2018. 2. Demand of tax amount with penalty and interest by the Superintendent. 3. Dismissal of appeal by the appellate authority due to a defective copy of the order passed by the adjudicating authority. 4. Failure of the Superintendent to consider the valid defense raised by the petitioner in response to the show-cause notice. 5. Non-payment of interest on delayed tax payment by the petitioner. Analysis: 1. The petitioner, a registered GST dealer, faced discrepancies in the declaration of outward supply for the financial years 2017-2018 in GSTR-1 and GSTR-3B. The petitioner rectified the error by showing the omitted supply in GSTR 3B for March 2019 and paid the corresponding tax amount. 2. The Superintendent of GST demanded the tax amount with penalty and interest based on the discrepancies identified. The petitioner challenged this order before the appellate authority, which dismissed the appeal on the grounds of a missing certified copy of the order passed by the adjudicating authority. 3. The petitioner argued that they had submitted a copy of the order passed by the Superintendent, and any deficiency in the copy was not their responsibility. The dismissal of the appeal solely on the basis of a defective copy was deemed unjust by the petitioner's counsel. 4. The petitioner contended that the Superintendent failed to consider their valid defense presented in response to the show-cause notice. Despite rectifying the discrepancy and paying the tax, the Superintendent proceeded as if the petitioner had not responded to the notice, leading to an unfair demand for tax, penalty, and interest. 5. Although the petitioner had not paid interest on the delayed tax amount, the Court acknowledged this lapse but focused on the procedural irregularities in the Superintendent's actions. Consequently, the Court set aside the orders passed by the Superintendent and the appellate authority, directing the Superintendent to reconsider the case after reviewing the petitioner's response to the show-cause notice. The pre-deposit made by the petitioner for the appeal was subject to further orders by the Superintendent, with the petitioner retaining the right to appeal any subsequent decision. In conclusion, the Court disposed of the petition, instructing a fresh consideration of the case by the Superintendent in line with the law, emphasizing the importance of due process and fair assessment in tax matters.
|
